Henkemeyer v. Boxall

OPINION

DAVIES, Judge.

Appellant commenced what appeared to be a medical malpractice action for failure to discover and advise decedent Jansky of the presence of an acute aneurysm. Appellant conceded no physician-patient relationship existed, but argued application of ordinary negligence principles precluded dismissal. The trial court granted summary judgment, concluding lack of a physician-patient relationship barred appellant’s claim as a matter of law. We affirm.

FACTS

On August 3, 1987, Peter Jansky was injured driving a truck for Brian Brix Excavating Company. Twenty months later, Brix and…